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71R-323 .......-.. . RESOLUTION NO. 71R-323 A RES'OLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING CONDITIONAL USE PERMIT NO. 1074 AND INTERPRETING THE TEBMS THEREOF. WHEREAS, the City Planning. Commiss'ion of t.he 'Cit.y of Anaheim did receive an application for a conditional use permit from East 'Anaheim Methodist Church., cIa Warren Schutz', owner; Gordon Hahn, agent, to establish a ptrivate el.ementary Christian Day School in conjunction with an exist.ing church, on t.he following described property situated in the City of Anahe~, County of orange, State of California, to wit: Lot: 11 of Tract: No. 2571, in the Cit.y of Anaheim, County of Oranqe, Sta.te of Cali.fornia, as per map recorded in book 100, page 6 of Miscellaneous Maps in the office of the County Recorder of said County. AND WHEREAS, the city Planning Commiss'ion did ho.ld a public hearing at the City Hall in the Cit~ of Anaheim upon said application on May 17, 19'71, notices of whJ.ch said public hearing were duly given as required by law and the 'provisions of Title 18, Chapter 18.76 of the Anaheim Municipal 'Code;' and WHEREAS, said Commission, after due inspection, investigation and studies made by itself .and in its behalf and after due consideration of all evidence and reports offered at said hearing did adopt its Resolution No. PC 71-89 approving Conditional Use Permit No. 1074 subject to certain conditions therein set forth. WHEREAS, thereafter, within twenty-two (22) days' from the date of the adoption of said resol.ution a written appeal was filed with the City Council prot.esting t.he action of the City Planning Commission in granting 'said Conditional Use Permit and said appeal was set: for public hearing on June 29, 19'71, and continued to July 20, 1971 at the City Hall, in the City of Anaheim, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code, and WHEREAS, at the time and place fixed .for said public hearing, the City Council did duly hold and conduct such 'hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports," and WHEREAS, the City Council finds, .after careful consi- deration of all the recommendations of the City Planning Cam- mission and all evidence and reports offered at said hearing, that; ..,......- 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and develop- ment of the area in which it is proposed to be located. -1- 3. The size and shape of the site proposed for the use is adequate to allow the. full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic qenerated by the proposed use will not impose an undue burden. upon the 'streets and highways designed and fmproved to carry the traffic in the area. 5. The granting of the conditional use pe~it under the conditions ~posed will not be detrimental to the peace, health, safety and qeneral wel.f'are of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Anaheim t:hat in in'terpre'ting the act:ion of the 'Cit.y Planning Commission granting said conditional' use' permit, that said Conditional Use P~it No. 1074 be, and the same 'is hereby affirmed permitt.ing a tot.al st.udent. enrollment. in accordance with the Uniform Building Code, activities to be conducted in accord- ance with all applicable laws, in the est:abli'shment of a privat.e elementary Christian Day School in conjunction with an existing church, subject to the following conditions and interpreting the terms thereof: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Romneya Drive and Acacia street for street wideninq purposes. 2. That street lighting facilities along Acacia Street shall be installed as required by the Director of Public utili-- ties, and in accordance with standard plans and specificati"ons on file in t.he office of the Director of Public Utilities, and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee .the installa- tion of the above mentioned requirement. 3. That the owner(s) of subject property shall pay to the City of Anaheim 'the sum of 15(: per front foot. along Romneya Drive and Acacia Street for tree planting purposes. 4. That trash storage areas shall be provided in accord- ance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and det~ined to be necessary by the Chief of ~he Fire Dep'artment.. 6. That a 6-foot masonry wall shall be constructed along the nort.h and west property lines within 90 days from date hereof. 7 . That the existing structure shall be. 'brought up to the mintmum standards of the City of Anahetm,. including the Uniform Buildinq, Plumbing, Electr.ical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 8. That Conditions Nos. 1, 2, and 3, above mentioned, shall be complied with prior to commencement of t:he activity authorized under this resolution. -2- -- ...........- ~..-.' 9. That Conditions Nos. 4, 5, and 7, above mentioned, shall be complied with within 180 days or such 'further time as the City Council shall grant. 10. Any students arriving on the premises prior to 8;00 A.M. shall be confined wi~hin the buildinqs. The City council hereby reiserves the right: 'to revoke such conditional use permit for good, cause or failure of said owner, his successors or assicJIls,' to comply with 'the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 2,Oth day of July, 1971. .---" .... ".. A'J."lIEST: ~~~ ' OF · OF ANAHEIM STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE 'M. DAOUST, City Clerk of the ',City of Anaheim, do hereby certify that 'the foregoing Resolution No." 71R~3'23 was pass'ed and adopted at a regular meeting of the City Council held on the 2'Oth day of July' , ,1'9' 71, by the followinq vote of the members thereof: AYES: COUNCILMEN: Roth, Pebley, Thom & ,Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on the' . '2'Oth 'day of July , 19..1L. IN WITNESS WHEREOF, I have her.eunto set Jl\Y hand and affixed .the seal of the city of Anaheim this' . 2 "Oth , day of - 'Jul v ' , 19'--1!.. ~ /;r;A7~ . . eI" CLERK OF THE 'ern, OF ANAHEIM (S~) I, DENE M. DAOUST, City Clerk of the City of Anaheim, 'do hereby certify that the foregoing is the original of Resolution No. 7lR-323 duly passed and adopted by the Anaheim City Council on July 20, 1971. 4~N~~ -3- City Clerk WPH: kw